The Supreme Court on Monday stayed the execution of death sentence awarded to Pakistani national and Lashkar-e-Taiba militant Mohammad Afshaq for the Red Fort attack in which three persons were killed in December 2000.
A Bench of Justices G P Mathur and P Sathasivam issued notice to the Delhi Police on the petition filed by Ashfaq challenging the judgement of the Delhi High Court, confirming the trial court verdict awarding him capital punishment.
The High Court had set aside the conviction of six others including Ashfaq's Indian wife Rehamana Yosuf Farooqui and Srinagar-based father-and-son duo Nazir Ahmed Qasid and Farooq Ahmed Qasid, who were earlier sentenced to life imprisonment by the trial court.
It had upheld the trial court findings holding Ashfaq guilty of murder, criminal conspiracy, cheating under the IPC and under various provisions of the Explosives and the Foreigners' Act.
Six terrorists had stormed Red Fort on December 22 2000 and opened indiscriminate firing killing three persons. The army personnel present in the Fort had retaliated but the terrorists managed to escape.
"Death sentence is the only appropriate punishment which Mohd Ashfaq deserves and has been rightly sentenced to death by the trial court and we have no hesitation in affirming that sentence," the High Court had said.